ROYAL OAK — Voters in Royal Oak will take to the polls on Nov. 5 to decide on three amendments to the city charter, including a proposed human rights ordinance, and a millage renewal proposal for the Royal Oak school district.

Here’s a look at what voters can expect when they hit the polls on Nov. 5.

Proposal A — Human rights ordinance

An ordinance to amend the Code of the City of Royal Oak to prohibit discrimination based upon actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family responsibilities, sexual orientation, gender identity, or HIV status, and to provide penalties for the violation thereof.

“It speaks for itself — pretty simple,” Royal Oak City Manager Don Johnson said. “It does go beyond protections for state and federal law. It was originally passed because of a petition drive (by One Royal Oak), which is why it’s on the ballot.”

Royal Oak Mayor Jim Ellison said the human rights ordinance proposal is a model similar to what Ann Arbor uses. He said a letter was sent out to residents explaining the human rights ordinance proposal.
“It is needed,” said Ellison, who noted a letter sent to residents came out through the One Royal Oak committee. “It’s the right time for it. Look around the country and state. It’s a far different environment than it was 12 years ago. Attitudes are changing. There are no protections for these classes of people.”

Ellison said a human rights ordinance, if passed, will go into effect for people who feel they have been discriminated against on the local level.

“It gives somebody an opportunity to react if they have been discriminated against at a local level,” he said. “In other cities it’s a non-issue. Before we enacted the ordinance our city attorney called other cities to see what kind of response they have received. Almost all of them said their ordinance has not been a problem and that they are not dealing with any complaints.

“If approved, the city will go on record as having an ordinance to protect rights of people,” Ellison continued. “It’s an ordinance that will attract local businesses, too. If we have the same policy that matches a business policy, then it’s an asset.”

Ellison, who supports the human rights ordinance, said Royal Oak is already known as “a welcoming community.”

“We have that reputation, but if we pass this ordinance then we have an ordinance saying who we are, instead of just a reputation,” Ellison said. “Voters can make it official.”

Fadwa Gillanders, a spokeswoman for the group Just Royal Oak that is against the human rights ordinance, has gone on record as saying the ordinance is “discrimination because it increases the powers of local government by allowing them to give special protective rights to (lesbian, gay, bisexual, and transgender people).”

But Ellison said the “home stretch” to the Nov. 5 election is paved with “misinformation from other groups opposed to the ordinance.”

“Things are being said that are twisted, not true, and people are getting scared,” he said. “I knew this day was coming and the city will weather it.”

The City Commission voted to enact the human rights ordinance in March, but a petition drive by concerned citizens forced the issue to go to a vote in November.

In a statement on the Just Royal Oak website, organizers are asking residents to vote against Proposal A.

“We urge the citizens of Royal Oak to vote against the discriminatory Proposal A and keep our city the open, tolerant, and diverse community that it already is,” the statement says. “Proposal A is a city ordinance that extends special rights to select groups while curtailing the constitutional rights, including freedom of religion, freedom of association, privacy, and property, of others. If passed, its regulations will permit Royal Oak citizens and business owners to be dragged into police investigations and the courts. Fines of up to $500 per day, plus costs of investigation and prosecution, can be assessed. Tax-paying businesses and property owners will be driven outside the city limits.

“Six members of the Royal Oak City Commission, including the mayor, tried to force this unjust ordinance upon the city without a vote by the people. Thanks to a petition drive by concerned citizens, the ordinance will be on November’s ballot, and the democratic process is back in the hands of the people.”

Charter Amendment “Proposal 1”

Currently, the city charter restricts eligibility for mayor or commissioner to persons who first have attained the age of 25 at the time of election. The proposed amendment, if adopted, would allow anyone to serve as mayor or commissioner who has attained the age of 21 at the time of election and who is otherwise eligible.

“They are suggesting we reduce the age to 21 to be consistent with other offices,” Johnson said. “We have a federal review committee who constantly reviews us locally to bring us into compliance with state and federal law and reduce the redundancies for something that no longer makes sense.”

Ellison said the proposal would simply roll back the eligibility age to 21.

“We have a lot of young people in this community,” Ellison said. “The 25 years of age was set a long time ago. We felt it was a good idea to open it up. You can be 21 and be a state representative — David Woodward was just 22 years old (when elected). But you cannot be a commissioner or mayor in Royal Oak (if you are under age 25). This proposal is in line with what’s happening today.”

Charter Amendment “Proposal 2”

Currently, the city charter restricts eligibility for mayor or commissioner to persons who are freeholders of the city (real estate property owners). Due to various court rulings holding that freeholder eligibility requirements for elective office violates the equal protection clause of the Michigan and Federal constitutions, this freeholder eligibility clause is unenforceable. The proposed amendment, if adopted, would eliminate this requirement for mayor and commissioner.

“Proposal 2 is basically just getting us in line with state law,” Ellison said. “… It’s simply housekeeping. State law will prevail anyway. That is, we will follow state law regardless.”

Charter Amendment “Proposal 3”
The city charter requires the City Commission to appoint the city assessor and city treasurer. The proposed amendment, if adopted, would allow the city manager to appoint the treasurer and assessor.
“We want our city manager to be the administrator for these people,” Ellison said. “This proposal would officially recognize that. This is similar to what we did for the finance director. It allowed the city manager to hire a finance director. The finance director would report directly to the city manager, and that’s the way we have it now.”

Johnson said the charter currently requires the City Commission to appoint the assessor and treasurer. “But they both report to the finance director,” he said.

“The finance director is appointed by the city manager,” Johnson said, “so the city manager should also appoint the assessor and treasurer.”

School District for City of Royal Oak Operating Millage Renewal Proposal
This proposal, if approved, will allow the School District of the City of Royal Oak to continue to levy the number of operating mills required for the district to receive revenues at the full per pupil foundation allowance permitted by the State of Michigan, through June 30, 2021.

The proposal would authorize an 18 mill levy ($18 on each $1,000 of taxable valuation) on non-homestead properties; non-homestead property taxes are not levied on owner occupied primary residences. The proposal would also authorize a 3.4 mill hold-harmless levy on principal residences.

The 3.4 mill authorization is a reduction from the 3.5030 hold-harmless authorization approved by voters in 2006.

“It’s a renewal, not an increase, not a new tax,” Royal Oak Schools Superintendent Shawn Lewis-Lakin said. “Rather, it continues what has been in place while actually lowering the maximum authorization for taxes on people’s primary residences.

“We have a $55 million budget and this millage renewal is $18.8 million of that. It is our operating millage. Again, this is not a new tax; not a tax increase.

“The 18 mills do not apply to a primary residence, so it does not impact your home,” he said. “Every school district has voter approval for 18 mills non-homestead. But we do not get it unless they (voters) approve the 18 mills.”

Michigan’s Homestead Property Tax Credit is a way the State of Michigan helps you pay some of your property taxes if you are a qualified Michigan homeowner or renter. Your homestead is the place where you have your permanent home.

Lewis-Lakin said the other component is for the “hold harmless” millage for operating purposes.
“The 3.4 mills of ‘hold harmless’ millage is a reduction of what was approved in 2006,” Lewis-Lakin said. “A ‘hold harmless’ millage has been in place since 1995 following the passage of Proposal A. It was first approved at 7.5 mills, so it has been reduced 50 percent since it was put into place in 1995.
The last time was a 3.5 mill level. So, we come back for reauthorization, but not for that rate, but for a lower rate than the current authorized rate, at 3.4 mills.”

Lakin said these are the two components for operating costs that require local voter’s approval.

“The authorization that we are seeking is authorization of one-third of our annual operating budget,” he said. “Those two mills are $18.8 million, 34 percent of our annual operating budget.”

Lewis-Lakin noted he too is a Royal Oak resident.

“I am passionate about public education, but as a homeowner this is important for my property values,” he noted. “For this district to lose a third of funding — the effects on property values would be profound.

“Not only do I believe in public education, but I am committed to the community of Royal Oak,”
Lewis-Lakin concluded. “And a ‘yes’ vote on this proposal helps protect my investment in my home.”

For more information on the Millage Renewal Proposal ballot language, visit www.royaloakschools.org and click on “November Millage Renewal” under Spotlights.

To see a sample ballot for the City of Royal Oak, go to: www.ci.royal-oak.mi.us/portal/webfm_send/2697.